bootstrap doctrine

Conflict of laws. The doctrine that forecloses collateral attack on the jurisdiction of another state’s court that has rendered final judgment.

• The doctrine applies when a court in an earlier case has taken jurisdiction over a person, over status, or over land. It is based on the principle that under res judicata, the parties are bound by the judgment, whether the issue was the court’s jurisdiction or something else. The bootstrap doctrine, however, cannot give effectiveness to a judgment by a court that had no subject-matter jurisdiction. For example, parties cannot, by appearing before a state court, “bootstrap” that court into having jurisdiction over a federal matter. [Cases: Judgment 818. C.J.S. Judgments § 986.]

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词条贡献者

资深译员Lisa，毕业于一所培养高级翻译以及跨文化事务专家的精英大学，专注翻译各种与私募股权与投资基金有关的法律文件。